Paragraph 5 Rule 4.9

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

sch. 1-2 revoked in part by Insolvency (Receivership and Winding up) 2018 Sch. 1 para. 1
Sch. 1 para. 17 words substituted by Scotland Act 1998 (Consequential Modifications) 1999 Sch. 2 para. 141(20)
sch. 1 amended by Insolvency 1987
Sch 1, para 6 am by Enterprise Act 2002 (Prescribed Part) 2003 arts 2, 9(1)
Sch 1, para 18 am by Enterprise Act 2002 (Prescribed Part) 2003 arts 2, 9(2)
Sch. 1 savings for effects of S.S.I. 2018/347, Sch. 1 by Small Business, Enterprise and Employment Act 2015 (Consequential Amendments, Savings and Transitional Provisions) 2019 reg. 15 16
Sch. 1 para. 10 substituted by Insolvency 2014 rule 23(a)
Sch. 1 para. 10 title words substituted by Insolvency 2014 rule 23(b)
Sch. 1 para. 29A inserted by Insolvency 2014 rule 23(c)
Sch. 1 para. 4 words inserted by Insolvency 2014 rule 25(4)(a)
Sch. 1 para. 4A inserted by Insolvency 2014 rule 25(4)(b)
Sch. 1 para. 32A inserted by Insolvency 2014 rule 26(7)

For this Rule, there shall be substituted -

“Expenses of statement of affairs

4.9

(1)

Payment may be made as an expense of the liquidation, either before or after the commencement of the winding up, of any reasonable and necessary expenses of preparing the statement of affairs under section 99.

(2)

Where such a payment is made before the commencement of the winding up, the director presiding at the creditors' meeting held under section 98 shall inform the meeting of the amount of the payment and the identity of the person to whom it was made.

(3)

The liquidator appointed under section 100 may make such a payment (subject to the next paragraph); but if there is a liquidation committee, he must give the committee at least 7 days' notice of his intention to make it.

(4)

Such a payment shall not be made by the liquidator to himself, or to any associate of his, otherwise than with the approval of the liquidation committee, the creditors, or the court.

(5)

This Rule is without prejudice to the powers of the court under Rule 4.67(2) (voluntary winding up succeeded by winding up by the court).”.